Voluntariness Of Confession

2,083 Florida cases classified under this topic, plus 484 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Skinner
  667 F.2d 1306· 9th Cir.· 1982-02-18 ·cited 51×
  The court held that the defendant's confessions were admissible and that the trial court did not err in refusing to give an involuntary manslaughter instruction.
• United States v. Kiendra
  663 F.2d 349· 1st Cir.· 1981-11-09 ·cited 51×
  The court held that evidence of prior convictions involving dishonesty or false statement under Federal Rule of Evidence 609(a)(2) must be admitted for impeachment purposes, without judicial discretion to exclude it based on prejudice, and that a confession made after a valid Mir
• Branch v. Estelle
  631 F.2d 1229· 5th Cir.· 1980-12-04 ·cited 51×·via Involuntary Confession
  The court held that the petitioner was not entitled to federal habeas corpus relief on any of his claims, affirming the denial of his petition.
• United States v. Kampiles
  609 F.2d 1233· 7th Cir.· 1979-11-15 ·cited 51×
  The court held that the evidence was sufficient to support the conviction, venue was proper, the trial court adequately handled pre-trial publicity, and the defendant's confession and admissions were properly admitted into evidence.
• Tyler v. United States
  193 F.2d 24· D.C. Cir.· 1951-11-08 ·cited 51×
  The court held that a confession is not rendered inadmissible solely because it was made during temporary police custody following a lawful commitment by a magistrate, nor is it inadmissible due to the trial judge's failure to hold a preliminary hearing on voluntariness if the is
• Kormondy v. State
  983 So. 2d 418· Fla.· 2007-10-11 ·cited 50×
  Johnny Shane Kormondy appeals the circuit court's denial of his Rule 3.851 motion for postconviction relief and files a habeas corpus petition in this capital murder case where he was sentenced to death in 1994 for murdering Gary McAdams during a home invasion robbery. The Florid
• Stanley v. State
  357 So. 2d 1031· Fla. 3d DCA· 1978-03-21 ·cited 50×
  Bobby Stanley was convicted by jury of first-degree murder, robbery, kidnapping, and firearm possession, receiving three consecutive life sentences. On appeal, Stanley challenged the jury instruction on accomplice testimony and six other trial errors, but the court found no rever
• United States v. O'Looney
  544 F.2d 385· 9th Cir.· 1976-08-31 ·cited 50×
• United States v. Benigno Marrero
  450 F.2d 373· 2d Cir.· 1971-10-26 ·cited 50×
  The court held that the defendant's statement was admissible because it was voluntarily given and the delay in arraignment was reasonable under the circumstances, not violating statutory or case law requirements.
• United States ex rel. Edward Bennett No. H-6720 v. Alfred T. Rundle, Warden of E. Corr. Inst., Graterford, Pa
  419 F.2d 599· 3d Cir.· 1969-12-05 ·cited 50×
  The court held that the Pennsylvania practice of a preliminary hearing to determine confession voluntariness, followed by jury determination in public, satisfies the Sixth Amendment's public trial requirement.
• Rhome v. State
  222 So. 2d 431· Fla. 3d DCA· 1969-05-06 ·cited 50×
  Raymond Rhome appeals his conviction for rape, challenging the admissibility of statements made after an initial improper police promise, evidence from a consensual search, certain trial testimony, fingerprint evidence from his juvenile record, and an unauthenticated witness. The
• Bond v. United States
  397 F.2d 162· 10th Cir.· 1968-07-15 ·cited 50×
  The court held that the defendant's inculpatory statements were admissible because they were made after proper warnings and a voluntary waiver of rights, and that other evidentiary claims were waived due to failure to object properly at trial.
• PEA v. United States
  397 F.2d 627· D.C. Cir.· 1967-12-20 ·cited 50×
  The court held that a judicial determination of a confession's admissibility requires the judge to be satisfied beyond a reasonable doubt that the confession was voluntary.
• Evans v. United States
  377 F.2d 535· 5th Cir.· 1967-05-19 ·cited 50×
  The court held that the defendant's statements to FBI agents were admissible because the interrogation was not custodial, and thus Miranda warnings were not required.
• United States v. Curry
  358 F.2d 904· 2d Cir.· 1965-12-22 ·cited 50×
  The court held that 18 U.S.C. § 2113(e) mandates a two-stage trial, first for guilt and then for penalty, to ensure fairness and rational punishment determination.
• United States v. Domenick Casalinuovo
  350 F.2d 207· 2d Cir.· 1965-08-02 ·cited 50×
  The court held that the evidence was sufficient to establish unlawful possession and that the trial court did not abuse its discretion in admitting a co-defendant's confession with limiting instructions.
• Schiers v. The People OF the State OF Cal.
  333 F.2d 173· 9th Cir.· 1964-06-04 ·cited 50×·via Coerced Confession
  The court held that the petitioner had not exhausted available state remedies for most of his claims, requiring dismissal of the federal habeas corpus petition without prejudice.
• Webster v. State
  156 So. 2d 890· Fla. 1st DCA· 1963-10-17 ·cited 50×·via Coerced Confession
  Elijah Webster appealed from a trial court's order denying his motion under Criminal Procedure Rule No. 1 to vacate two rape convictions and life sentences. The appellate court affirmed the denial, finding that Webster's allegations of denial of counsel at a preliminary hearing a
• Crawford v. State
  70 Fla. 323· Fla.· 1915-11-17 ·cited 50×
  Florian Crawford was convicted of murder for shooting Joseph Keene and sentenced to death. The Florida Supreme Court reversed and ordered a new trial, primarily due to the trial court's improper admission of Crawford's sworn statement made before the Coroner—a statement made unde
• Walker v. State
  957 So. 2d 560· Fla.· 2007-05-03 ·cited 49×
  Robert Shannon Walker, II was convicted of first-degree murder, kidnapping, and aggravated battery in the brutal beating and execution-style killing of David Hamman during a drug-related dispute. The Florida Supreme Court affirmed Walker's convictions and death sentence, rejectin
• United States v. Benny McKINNEY
  919 F.2d 405· 7th Cir.· 1990-11-13 ·cited 49×
  The court argues that a single, deferential standard of review, specifically the 'clearly erroneous' rule, should be applied to all determinations of probable cause, regardless of who made the initial determination (magistrate, judge, or jury).
• In & for New Castle Cnty.
  Del. Super. Ct.· 2011-01-31 ·cited 48×
  The Court denied the defendant's motion for postconviction relief. The Court found that the defendant's claim regarding Miranda violations and the voluntariness of his confession was procedurally barred because he could have raised these issues on direct appeal but failed to do s
• Wilson v. O'Leary
  895 F.2d 378· 7th Cir.· 1990-02-07 ·cited 48×
  The court held that the statement made to Assistant State's Attorney Gainer was inadmissible as it was a mere relay of a coerced confession, and the state forfeited its harmless error argument. Statements made to Officer Dubois after Miranda warnings were admissible as they were
• United States v. Gonzalez-Sandoval
  894 F.2d 1043· 9th Cir.· 1990-01-18 ·cited 48×
  The court held that the admission of un-Mirandized statements was harmless error, the deportation record and confession were admissible, speedy trial and due process claims were meritless, denial of continuance was not an abuse of discretion, and sentencing under the Guidelines w
• United States v. Oglesby
  764 F.2d 1273· 7th Cir.· 1985-06-24 ·cited 48×
  The court held that the trial court did not abuse its discretion in denying the severance motion, properly refused to suppress the confession, and correctly denied the motion for judgment of acquittal, affirming the conviction and sentence.
• Shriner v. Louie L. Wainwright
  715 F.2d 1452· 11th Cir.· 1983-09-09 ·cited 48×·via Coerced Confession
  The court held that the denial of the habeas corpus petition was proper, as there were no constitutional infirmities in the state proceedings regarding Shriner's conviction or sentence.
• United States v. Harlen Manuel
  706 F.2d 908· 9th Cir.· 1983-04-29 ·cited 48×
  The court held that the appellant's confession was admissible, his speedy trial rights were not violated, and the refusal to instruct the jury on involuntary manslaughter was harmless error.
• Land v. State
  293 So. 2d 704· Fla.· 1974-03-20 ·cited 48×
  The Florida Supreme Court reversed a conviction for driving under the influence causing death, holding that a trial court's post-trial offer to conduct an evidentiary hearing on the voluntariness of a confession does not cure its error in denying the defendant an opportunity to t
• United States v. Collins
  462 F.2d 792· 2d Cir.· 1972-03-07 ·cited 48×
• United States v. Thompson
  421 F.2d 373· 5th Cir.· 1970-01-30 ·cited 48×
  The court held that a wife can consent to a search of the marital home, and that her consent was voluntary. It also held that testimony regarding evidence seized under a valid warrant is admissible even if the warrant is not introduced, and that a confession is admissible if its
• Fitzsimmons v. Yeager
  391 F.2d 849· 3d Cir.· 1968-02-19 ·cited 48×
  The court would affirm the dismissal of the habeas corpus petition for failure to exhaust state remedies, finding that excusable neglect might apply to the petitioner's late filing under state rules.
• United States v. Bige Hensley
  374 F.2d 341· 6th Cir.· 1967-02-23 ·cited 48×
  The court affirmed convictions, finding that confessions were voluntary and admissible, and that procedural claims lacked merit, particularly in light of the non-retroactivity of Miranda and Escobedo.
• Leopold Joseph Doran v. Wilson
  369 F.2d 505· 9th Cir.· 1966-12-05 ·cited 48×
  A guilty plea induced by a coerced confession is invalid, and the petitioner is entitled to a hearing on whether his plea was voluntary.
• Commonwealth OF Pa. ex rel. George W. Craig v. Maroney
  348 F.2d 22· 3d Cir.· 1965-06-30 ·cited 48×·via Involuntary Confession
  The court held that the petitioner's confession was admissible, as it was not tainted by an alleged illegal arrest and was made voluntarily despite the circumstances. The court also held that evidence obtained from a warrantless search was inadmissible under Mapp v. Ohio, but Map
• Everitt v. United States
  281 F.2d 429· 5th Cir.· 1960-08-08 ·cited 48×
• Goldsmith v. United States
  277 F.2d 335· D.C. Cir.· 1960-03-17 ·cited 48×
  The court held that confessions obtained in violation of Rule 5(a) of the Federal Rules of Criminal Procedure, specifically the prompt arraignment requirement, are inadmissible.
• Smith v. United States
  254 F.2d 751· D.C. Cir.· 1958-03-27 ·cited 48×
  A warrantless entry into a suspect's home to make an arrest is illegal if the police had an opportunity to obtain a warrant and did not announce the cause for their demand, rendering any evidence obtained from such entry inadmissible.
• Arch Lindsey v. State
  66 Fla. 341· Fla.· 1913-10-28 ·cited 48×
  The Florida Supreme Court affirmed a manslaughter conviction, holding that a defendant's confession made while intoxicated was admissible, and that certain excluded testimony was irrelevant. The case clarifies the admissibility of confessions made under intoxication and the scope
• Bonifay v. State
  626 So. 2d 1310· Fla.· 1993-09-02 ·cited 47×
  James Patrick Bonifay was convicted of first-degree murder for a contract killing and sentenced to death. The Florida Supreme Court affirmed his conviction but vacated the death sentence and remanded for resentencing because the trial court improperly found the heinous, atrocious
• United States v. Gorel
  622 F.2d 100· 5th Cir.· 1979-09-17 ·cited 47×
  The court affirmed the conviction, finding no reversible error in the district court's rulings on venue, discovery, bill of particulars, suppression of statements, evidentiary rulings, jury instructions, or denial of acquittal/new trial motions.
• United States v. White
  589 F.2d 1283· 5th Cir.· 1979-02-26 ·cited 47×
  The court held that testimony given in a civil case, even if uncounseled and potentially inculpatory, is admissible in a subsequent criminal case if not compelled, and that evidence of subsequent unexplained wealth is relevant in a conspiracy prosecution.
• Barton v. State
  193 So. 2d 618· Fla. 2d DCA· 1966-12-28 ·cited 47×
  William Barton was convicted of murder in the second degree for the shooting death of Alfred Corbin. On appeal, Barton challenged numerous procedural matters including the validity of his arrest, the admissibility of his confession, discovery issues, and witness access, but the c
• Grady Allen Belger v. State
  171 So. 2d 574· Fla. 1st DCA· 1965-01-26 ·cited 47×
  Grady Belger was convicted of manslaughter after being charged with second-degree murder. On appeal, he challenged the admission of crime scene photographs, his alleged confession, and ballistic evidence, but the Florida District Court of Appeal upheld the trial court's evidentia
• Stanford v. State
  110 So. 2d 1· Fla.· 1959-02-25 ·cited 47×
  Three appellants convicted of armed robbery challenged their convictions, raising various errors but focusing on whether the trial judge properly admitted their confessions as freely and voluntarily given. The Florida Supreme Court affirmed the convictions and sentences, holding
• Simon v. State
  5 Fla. 285· Fla.· 1853-01-01 ·cited 47×
  Simon, an enslaved man, was convicted of arson based largely on confessions made under coercive circumstances to the mayor of Pensacola. The Florida Supreme Court reversed, holding that the confessions were involuntary and inadmissible because they were extracted through fear, th
• Sotelo v. Ind. State Prison & Linley E. Pearson
  850 F.2d 1244· 7th Cir.· 1988-06-29 ·cited 46×
  The court's opinion, which the author concurs with, applies de novo appellate review to the ultimate issue of confession voluntariness. However, the author argues this approach is incorrect.
• Wicker v. O.L. McCOTTER
  783 F.2d 487· 5th Cir.· 1986-02-18 ·cited 46×
  The court affirmed the denial of habeas corpus relief, finding no constitutional violations in the conviction or sentencing, including issues of hypnotically-enhanced testimony, juror exclusion, ineffective assistance of counsel, and Fourth Amendment claims.
• United States v. Robinson
  698 F.2d 448· D.C. Cir.· 1983-01-04 ·cited 46×
• Sturdivan v. State
  419 So. 2d 300· Fla.· 1982-06-24 ·cited 46×
  Merle Sturdivan was convicted of first-degree murder and sentenced to death for a 1971 killing, but the Florida Supreme Court reversed and remanded for a new trial because the trial court erroneously refused to instruct the jury on lesser included offenses. The court held that th
• Sullivan v. State OF Ala.
  666 F.2d 478· 11th Cir.· 1982-01-22 ·cited 46×
  The court held that the admission of pre-Miranda statements was constitutional as they were voluntary, and post-Miranda statements were admissible due to a valid waiver, and prosecutorial comment on silence was harmless error.